A design patent is available for a new, original and
ornamental design for an article of manufacture. Unlike the utility patent (that
can exist for 17 years) the design patent lasts for a maximum of 14 years.
Generally, design patents are used to protect the aesthetic shape of functional
articles (i.e., the unique shape of a wine bottle, a desk, computer case, an
amusement car ride, or a shower head.)

The design patent protects only the appearance of an article
and not its structure or utilitarian features. For example, an automobile
company, creates a new van with a high-tech design. The exterior appearance of
the van is protectible as a design patent. However, any new functional features
of the van (i.e., double-locking doors, retractable windows or double cut-away
sun roof) are protectible by utility patents. In this way, design and utility
patents coexist. One way to separate the design and utility patents is to
inquire whether the absence of the novel design feature effects the function of
the device. For example, if the patented design of a guitar were altered, would
it effect the method by which the guitar functions? If not, it is protected
under design patent.

The requirements for a design patent are that it be new,
original and ornamental. The requirement of ornamentality means that the design
is not utilitarian and is not concealed. That is, the design is visible during
normal use. This requirement can be satisfied if the design is visible at the
time of sale or in an advertisement. For example, the design of a hip
prosthesis may not be visible when in use, but it is visible at the time of
purchase and in advertisements. In this section, we provide some basic
information on design patents.

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We'll posting more about design patents, soon. Here is some information get you started.